The family of Jagtar Singh Johal is demanding the UK Government urgently seek his release after he was formally charged with conspiracy to murder in India.
The 35-year-old has also been accused of being a member of a terrorist gang, with relatives fearing he could be sentenced to death if convicted.
Human rights group Reprieve has said he has been imprisoned on a false confession with “no physical evidence” linking him to the charge.
The Dumbarton man has been in custody for almost five years after his family say he was snatched from the street by plain-clothes officers – weeks after his wedding.
Almost five years on, Jagtar, a former pupil of Our Lady and St Patrick’s High School, has not stood trial in any of the cases against him and alleges he was beaten, electrocuted and tortured while in initial custody.
Brother Gurpreet Singh Johal told the Lennox Herald the situation is “absurd” and says Jagtar needs the UK Government to demand his release more than ever.
He said: “He has been charged with conspiracy to murder and being a member of a terrorist gang.
“There is no corroboration and the burden of proof is so low.
“It’s taken over four-and-a-half years to have one charge put against him which says a lot.
“The charge not depart from the fact that Jagtar has been arbitrarily detained.
“There is no legal basis for his detention.”
The family have led a tireless campaign for Jagtar’s release.
Gurpreet added: “I was expecting the UK Government to have got him out by now. It’s important there are no further delays.
“I have said to Foreign Secretary Liz Truss that these false allegations will lead to false charges which could then lead to a false conviction and death.”
In May, the United Nations Working Group on Arbitrary Detention ruled that there was no legal basis for his continued detention in India, citing multiple violations of his human rights.
And in June, Boris Johnson, for the first time, said the Indian government is arbitrarily detaining him in a letter to Labour leader Keir Starmer.
He went onto say that UK ministers and officials have raised concerns directly with the government of India about Mr Johal’s case on almost 100 occasions
Gurpreet said he is now expecting his brother to be charged on five other cases, adding: “Jagtar will not hear the charges until September 7 when they will be put in front of him.
“He’ll be given a chance then to make a plea and that will be the first time he’s had that opportunity in almost five years.”
Jagtar’s family believe he has been targeted by the Indian authorities due to his Sikh faith and online activism highlighting the historical persecution of Sikhs in the Punjab.
The Indian government denies the torture accusations but a report by the UN Working Group’s investigators found he had been “interrogated repeatedly in the absence of legal counsel and in incommunicado detention”.
SNP MP Martin Docherty-Hughes MP said: “In the almost five years that I have been supporting Jagtar’s family they have always maintained his innocence.
“It’s incredible that it’s taken 1727 days to get to the point we’re at, given the serious concerns about Jagtar’s torture, mistreatment, and coerced confession whilst imprisoned in India.
“The fact that my constituent faces the death penalty should focus minds in the UK Foreign Office that business as usual with the Indian government cannot continue until Jagtar is released, in line with its own pronouncements on arbitrary detention cases.
“Continuing negotiations on a Free Trade Deal at this moment is simply grotesque.
“Jaggi needs to be back with his family in Dumbarton, and I can only hope for the continued good name of the Indian legal system and democratic process that this clear travesty of justice is put right.
“I’ll certainly be making sure that the UK Government is in no doubt about this.”
A UK Government spokesman said: “We consistently raise our concerns about Mr Johal’s case with the government of India, including his allegations of torture and mistreatment and his right to a fair trial.”
